RATCHET THEORY
ratchet theory. Constitutional law. The principle that Congress, in exercising its enforcement power under the 14th Amendment, can increase but not dilute the scope of 14th Amendment guarantees as previously defined by the Supreme Court. ? The thought underlying the term is that the enabling clause works in only one direction, like a ratchet. The theory was stated by Justice Brennan in Katzenbach v. Morgan, 384 U.S. 641, 86 S.Ct. 1717 (1966), but was repudiated by the Supreme Court in City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157 (1997). ¡ª Also termed one-way ratchet theory.How do Chinese lawyers translate the term RATCHET THEORY?
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